Glamm v. Allen, 57 N.Y.2d 87 (1982)
In legal malpractice actions against the estate of a deceased attorney, the statute of limitations is tolled both by the continuous representation doctrine and by CPLR 210(b), which provides an 18-month tolling period after the attorney’s death if the malpractice cause of action existed prior to death.
Summary
Richard Glamm sued the estate of attorney Reinhart, alleging malpractice for failure to file a timely notice of claim against the City of Amsterdam. The alleged malpractice occurred when Reinhart failed to file a notice of claim within 90 days of Glamm’s injury in 1969. Reinhart died in 1976. The Court of Appeals held that the continuous representation doctrine tolled the statute of limitations until Reinhart’s death. Furthermore, CPLR 210(b) provided an additional 18-month tolling period after Reinhart’s death, because the cause of action accrued when the notice of claim filing deadline passed during Reinhart’s representation. Thus, the action, commenced in 1980, was timely.
Facts
Richard Glamm was injured in April 1969 while assisting Amsterdam firefighters. Glamm hired attorney Reinhart to represent him. Reinhart filed a claim under the Volunteer Firemen’s Benefit Law, believing this was the correct avenue for recovery, but did not file a notice of claim against the City of Amsterdam as required by General Municipal Law § 50-e. Glamm’s claim under the Volunteer Firemen’s Benefit Law was ultimately denied in November 1976. Reinhart died in October 1976. Successor attorneys filed a late notice of claim, but it was rejected. Glamm then sued Reinhart’s estate for malpractice in April 1980, alleging failure to file a timely notice of claim.
Procedural History
The trial court denied the estate’s motion for summary judgment based on the statute of limitations. The Appellate Division reversed, granting summary judgment to the estate, reasoning that the statute of limitations expired three years after the executrix was appointed and that CPLR 210(b) was inapplicable. Glamm appealed to the Court of Appeals.
Issue(s)
1. Whether the continuous representation doctrine tolled the statute of limitations in this legal malpractice action?
2. Whether CPLR 210(b) applies to toll the statute of limitations for 18 months after the attorney’s death, given that the alleged malpractice occurred prior to death?
Holding
1. Yes, because the continuous representation doctrine tolls the statute of limitations until the attorney-client relationship ends, which occurred at Reinhart’s death.
2. Yes, because the cause of action for malpractice accrued when Reinhart failed to file a timely notice of claim, which was prior to his death; therefore, CPLR 210(b) applies.
Court’s Reasoning
The court reasoned that a malpractice action accrues at the date of the malpractice. Here, it occurred when Reinhart failed to file the notice of claim within the statutory 90-day period. The continuous representation doctrine tolls the statute of limitations because a client should not be expected to sue their attorney while the attorney is still representing them. The court quoted Greene v. Greene, 56 NY2d 86, 94, stating that a client has “a right to repose confidence in the professional’s ability and good faith, and realistically cannot be expected to question and assess the techniques employed or the manner in which the services are rendered.” The tolling ends when the representation ceases, in this case, at Reinhart’s death.
Additionally, CPLR 210(b) tolls the statute for 18 months after the death of a person against whom a cause of action exists. The court emphasized that the malpractice cause of action must have existed before the attorney’s death for CPLR 210(b) to apply. Since the failure to file the notice of claim occurred before Reinhart’s death, the statute was tolled for 18 months after his death. “What is important is when the malpractice was committed, not when the client discovered it.” Therefore, combining the continuous representation toll and the CPLR 210(b) toll, Glamm’s action was timely.